Intellectual and Artistic Works Requiring Registration – Lawyer in Izmir
Registration Requirement for Intellectual and Artistic Works
Law No. 5846 Law on Intellectual and Artistic WorksArticle 13 and the related regulations mandate that producers register and record cinematic and musical works.
FSEK Article 13/3 – Filmmakers who made the initial recording of films and phonogram producers who made the initial recording of sounds, without the intention of creating new rights, but for the purpose of preventing the infringement of their existing rights, facilitating proof in determining ownership, and monitoring the rights to benefit from financial rights, They register and copyright their productions, which include cinematic and musical works. For the same purpose, upon the request of the authors, all works protected under this Law may be registered, and rights of use relating to financial rights may also be recorded. The Ministry cannot be held responsible for these transactions based on declarations. However, those who make false declarations regarding financial and moral rights that they know or should know do not exist or that do not belong to them, in the transactions that will form the basis of registration, are subject to the legal and criminal sanctions stipulated in this Law. The fees for all registration and recording transactions carried out under this Law are determined by the Ministry. The procedures and principles of registration, the determination of fees, and other matters will be determined by a regulation to be issued by the Ministry.
Regulation on the Registration and Recording of Intellectual and Artistic Works, Article 5 – ...Also, productions that include cinematic works because they contain moving and sound images within a specific mise-en-scene or scenario. computer games "Registration and recording are carried out by the rights holders in order to determine the rights they possess and to facilitate the proof of those rights."”
What is the scope of the obligation?
- Musical Works
- Cinematic Works
- Computer Games
How to Apply for Mandatory Registration?
Those wishing to apply submit their application files, including registration forms and other required documents, to the relevant professional associations (MÜ-YAP, MESAM, MSG for productions involving musical works) for review. Applicants then submit the application file, after it has been reviewed by the relevant professional associations, to the Istanbul Copyright and Cinema Directorate.
Registration Application Fees for 2022
| TYPE OF WORK | REGISTRATION FEE | STAMP TAX |
| LOCAL MUSIC: | 1177,23 | 0.033 |
| IMPORTED MUSIC: | 1177,23 | 0.033 |
| LOCAL CINEMA: | 1177,23 | 3,50 |
| IMPORTED CINEMA: | 1177,23 | 3,50 |
| LOCAL GAME | 1177,23 | 0.033 |
| IMPORTED GAME | 1177,23 | 0.033 |
| IMPORTED MUSIC PRODUCT: | 235,45 | 0.033 |
| IMPORTED CINEMA PRODUCT (DCP-35 MM-LD) | 235,45 | 3,50 |
| IMPORTED CINEMA PRODUCTION (DVD-VCD-BLURAY) | 235,45 | 0.033 |
| IMPORTED GAME PRODUCT | 235,45 | 0.033 |
| PHONOGRAMS CONTAINING THREE OR FEWER WORKS: | 294,31 | 0.033 |
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